HomeMy WebLinkAbout1995ORDINANCE NO. 199<
AN ORDINANCE of the City of Kent,
Washington, ordering the improvement of a
portion of the City by the acquisition, pur-
chase, construction and installation of a
sanitary sewer in the general vicinity of
114th Avenue SE and SE 256th, all in accord-
ance with Resolution No. 811 of the City
Council; establishing Local Improvement Dis-
trict No. 280; providing the method of assess-
ment in the District; providing that payment
for the costs of the improvement be made by
special assessments upon the property in the
District, payable by the mode of "payment by
bonds", or "note in lieu of bonds"; and pro-
viding for the issuance and sale of Local
Improvement District warrants redeemable in
cash and Local Improvement District Bonds or
Note in Lieu of Bonds.
WHEREAS, by Resolution No. 811, adopted September 20,
1976, the City Council declared its intention to order the im-
provement of a portion of the City by the construction and in-
stallation of an 8 inch sanitary sewer in the general vicinity
of 114th Avenue SE and SE 256th, and fixed October 18, 1976, at
8:00 o'clock p.m. in the Council Chambers in the City Hall as
the time and place for hearing all matters relating to the pro-
posed improvement and all objections thereto and for determining
the method of payment for the improvement; and
WHEREAS, the City Engineer of the City of Kent caused
an estimate to be made of the cost and expense of the proposed
improvement and certified that estimate to the City Council, to-
gether with all papers and information in his possession touch-
ing the proposed improvement, a description of the boundaries of
the District, a statement of what portion of the cost and expense
of the improvement should be borne by the property within the pro-
posed District, a statement in detail of the local improvement
assessments outstanding or unpaid against the property in the pro-
posed District, and a statement of the aggregate actual valuation
of the real estate, including 25% of the actual valuation of the
improvements in the proposed District, according to the valuation
last placed upon it for the purpose of general taxation; and
WHEREAS, that estimate is accompanied by a diagram of
the proposed improvement showing thereon the lots, tracts, parcels
of land, and other property which will be specially benefited by
the proposed improvement, and the estimated amount of the cost
and expense thereof to be borne by each lot, tract, and parcel of
land or other property; and
WHEREAS, due notice of the above hearing was given in
the manner provided by law, and the hearing was held by the City
Council on the date and at the time above mentioned, and at such
hearing no written protests were received; and
WHEREAS, the City Council has determined it to be in the
best interests of the City that the improvement as hereinafter
described be carried out and that a local improvement district be
created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Kent, Wash-
ington, hereby orders the improvement of a portion of the City by
the construction and installation of an 8" sanitary sewer in the
general vicinity of 114th Avenue SE and SE 256th, as described in
Exhibit B attached hereto and by this reference made a part here-
in, which shall include all manholes, joints, fillings and appur-
tenances.
All of the foregoing shall be in accordance with the
plans and specifications therefor prepared by the City's Consult-
ing Engineer.
The City reserves the right to make changes in such im-
provement as long as such changes do not materially affect the
purpose of the improvement.
Section 2. There is hereby created and established a
local improvement district to be called "Local Improvement Dis-
trict No. 280 of the City of Kent, Washington", which district is
described in Exhibit A attached hereto and by this reference made
a part hereof.
Section 3. The total estimated cost and expense of that
improvement is hereby declared to be $96,500.00 which shall be
borne by and assessed against the property specially benefited by
the improvement to be included in a local improvement district to
be established embracing as near as may be all property specially
benefited by the improvement.
Section 4. In accordance with the provisions of RCW 35.
44.047, the City may use any method or combination of methods to
compute assessments which may be deemed to fairly reflect the
special benefits to the properties being assessed.
Section 5. Local improvement district warrants shall
be issued in payment of the cost and expense of the improvement
herein ordered to be assessed, such warrants to be payable out of
the "Local Improvement Fund, District No. 280", hereinafter
created and referred to as the "Local Improvement Fund", to bear
interest from the date thereof at a rate to be hereafter fixed by
ordinance not to exceed 8% per annum and to be redeemed in cash,
and/or by local improvement district bonds, or note in lieu of
bonds, herein authorized to be issued, such interest-bearing
warrants to be hereafter referred to as "Revenue Warrants." The
City is authorized to issue local improvement district bonds or
note in lieu of bonds for the District which shall bear interest
at a rate to be hereafter fixed by ordinance, shall be payable on
or before twelve (12) years from the date of issuance, the life
of the improvement ordered being not less than the term of the
bonds, and shall be issued in exchange for and in redemption of
any and all revenue warrants issued hereunder and not redeemed in
cash within a period of not to exceed sixty (60) days after the
first publication by the Supervisor of Treasury Accounting of
notice that the assessment roll for Local Improvement District
No. 280 is in her hands for collection. The bonds or note in lieu
of bonds shall be redeemed by the collection of special assessment:
to be levied and assessed against the property within the District,
payable in ten (10) equal annual installments, with interest at a
rate to be hereafter fixed by ordinance, not exceeding 8 1/2% per
annum, under the mode of "payment by bonds", or "note in lieu of
bonds", as defined by law and the ordinances of the City. In the
case of default in the payment of any assessment when the same
shall become due, there shall be added interest at a rate to be
hereafter fixed by ordinance not to exceed 8 1/2% per annum and a
penalty of 6% which shall also be collected. The exact form,
amount, date, interest rate and denominations of the revenue war-
rants and local improvement district bonds shall be hereafter
fixed by ordinance of the City Council. The warrants and bonds
shall be sold in such manner as the City Council shall hereafter
determine.
Section 6. All work necessary to be done in connection
with the making of the improvement shall be done by and made by
contract upon competitive bids and the City shall have and re-
serves the right to reject any and all bids. The call for bids
- 3 -
for work authorized pursuant to this Ordinance shall include a
statement that payment for the work will be made in cash warrants
drawn upon the Local Improvement Fund.
Section 7. There is hereby created and established in
the office of the Supervisor of Treasury Accounting of the City
of Kent, for the District, a special fund heretofore designated
and referred to as the Local Improvement Fund, District No. 280,
into which fund shall be deposited the proceeds from the sale of
revenue warrants drawn against the fund which may be issued and
sold by the City, and collections pertaining to assessments, and
against which fund shall be issued cash warrants to the contractor
or contractors in payment for the work to be done by them in
connection with the improvement, and against which fund cash war-
rants shall be issued in payment of all other items of expense in
connection with the improvement.
Section 8. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication as provided by law.
ISABEL HOCAN, MAY R
ATTEST:
MARIE JENS -JCITY CLERK
A ROVED AS TO FORM:
M&a �'
DONALD E. MIRK, CITY ATTORNEY
PASSED the / day of November, 1976.
APPROVED the day of November, 1976.
PUBLISHED the day of November, 1976.
I hereby certify that this is a true copy of Ordinance
No. J[�Ci� passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
( SEAL)
MARIE J N, CI Y CLERK
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PYI-i i FIT'(' n
DATA ;,jIEET
L.I.D.'#280
IIUG}IES-ULLELAND ADDITION SANITARY SEWER
114th AVENUE $ 254th PLACE
LEGAL DESCRIPTION
That portion of the southeast quarter of t}ie southeast quarter of Section
Washingtonshington described
20, Township 22 North, Range 5 East, W.M., King County,
as follows: Beginning at the southeast corner of said section; thence west
along the south line of said section a distance of 30 feet; thence north 149.63
feet to t}ie southeast corner of the plat of Hughes Ulle-Land No. 2 as recorded
in Volume 75, Plats Page 20, Records of King County, Washington, being true
point of beginning of property herein described; thence continuing north along
the east line of said plat to a point of intersection with the south line of
the northeast quarter of the southeast quarter of the southeast quarter of
said section; thence west along the south line of said northeast quarter to the
southwest corner thereof; thence north 83°40'17" west to the northeast corner
or Jacobsens Third Addition, Volume 78, Plats Page 75, Records of King County,
Washington; thence west along the north line of said Jacobsen's Third Addn. to
the northeast corner of Lot 9 of said Jacobsens Third Addn; thence south along
the east line of Lots 9, 8, 7, 6 and 5 of said Jacobsen's Third Addn. to the
southeast corner of Lot 5 of said Jacobsen's Third Addn; thence west along the
south line of said Lot 5 a distance of 7 feet; thence south parallel with the
centerline of 114th Avenue SE to the north margin of SL' 256th Street; thence
easterly, northerly, easterly along said north margin to the west margin of
114th Avenue SE; thence north along said west margin to a point which bears
north 88°27'S2" west from true point of beginning; thence south 88 27'52" east
to true point of beginning; EXCEPT any public roads and/or riglit-of-way AND
ALSO Lots 1 through 6 of Ulle-Land No. 1 as recorded in Volume 65, Plats Page
94, Records of King County, Washington.
IhIPIZOWME-NT EXHIBIT B
SAIIT a— SEWERS
RS
ON FROM _ TO
8" Easement 280' east and SE 256th Street 120' north of SE 256th St
parallel to 114th Ave SE
8'' Easement 120 feet north I; 114th Ave SE 464' east of 114th Ave SE
parallel to SL: 256th St
3" 114th Ave SE 100' N of SE 256th 85' N of SL' 2J4t,i 111.
3" Easement 154' L' $ pll to 120' N of SE 256th SL' 254th Place
114th Ave SL'
8" Easement 135' W u pll to 120' N of SE 256th 360' N of SE 256th Street
116th Ave SE
TOTAL COST: $96,500
11EARING DATE: October 18, 1976
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